SLA Asset Management Template for Germany

This SLA Asset Management agreement is essential for establishing and maintaining professional asset management relationships under German law. It is typically used when an organization or individual engages a professional asset management firm to manage their investment portfolio or assets. The document sets out detailed service levels, performance metrics, reporting requirements, and compliance obligations, specifically tailored to meet German regulatory requirements including the German Banking Act (KWG), Securities Trading Act (WpHG), and Investment Code (KAGB). It addresses critical aspects such as investment guidelines, risk management, custody arrangements, and fee structures, while ensuring compliance with German and EU regulations, including GDPR. The agreement is particularly important for maintaining transparency and accountability in professional asset management relationships while providing clear metrics for service evaluation.

1. Parties: Identification of the contracting parties - the asset management service provider and the client

2. Background: Context of the agreement and brief description of the services to be provided

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of asset management services to be provided

5. Service Level Requirements: Specific performance standards and metrics for service delivery

6. Performance Monitoring: Methods and frequency of performance measurement and reporting

7. Fees and Payment Terms: Fee structure, payment schedule, and related financial terms

8. Client Obligations: Responsibilities and obligations of the client

9. Service Provider Obligations: Responsibilities and obligations of the asset manager

10. Regulatory Compliance: Compliance requirements under German and EU regulations

11. Risk Management: Risk assessment, management procedures, and controls

12. Data Protection and Security: GDPR compliance and data security measures

13. Confidentiality: Confidentiality obligations and information handling

14. Term and Termination: Duration of agreement and termination provisions

15. Liability and Indemnification: Limitation of liability and indemnification provisions

16. Force Majeure: Provisions for unforeseen circumstances and force majeure events

17. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

18. General Provisions: Miscellaneous legal provisions including notices, amendments, and assignment